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Home My WebLink About950479RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST STEVEN AND LEONA MAYO FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Steven and Leona Mayo, VI #2130, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of March, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violation, and WHEREAS, Steven and Leona Mayo, property owners, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office for a period of 120 days to allow adequate time for the property owners to close on a pending property purchase and apply for the appropriate land use permit with the Department of Planning Services, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individuals without further Board action if the subject property is not brought into compliance within 120 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on July 11, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Steven and Leona Mayo to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 950479 de 1 lei Cif ; Mayo PL0824 VIOLATIONS - MAYO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 1995. ATTEST: Weld County Clerk to the Board BY: Tula k fl11 0 0 .� Deputy Cler o the Board APPROVED AS TO FORM: Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FXCI ISFII r)ATF OF SIGNING DalHall, Chairman George . Baxter (AYF) 950479 PL0824 DATE: March 9, 1995 VIOLATION NUMBER: VI -2130 NAME: Steven and Leona Mayo ADDRESS: 12100 WCR 18 Fort Lupton CO, 80621 LEGAL DESCRIPTION: Lots 1 and 2, Lupton Meadows Subdivision, Weld County, Colorado. CASE SUMMARY June 28 1994, Letter from concerned citizen. July 20, 1994 Five-day compliance encouragement letter issued. July 22, 1994 Conversation with property owner. January 18, 1994 Letter from concerned citizen. August 24, 1994 Letter from property owner. August 30, 1994 Violation letter issued. November 15, 1994 Letter to property owner. January 5, 1995 Conversation with property owner. February 22, 1995 Conversation with property owner. February 27, 1995 Property inspected. Property still in violation. March 1, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The commercial business without the appropriate land use permit is a violation of Section(s) 31.2 of the Weld County Zoning Ordinance. To correct the violation the appropriate land use permit would need to be applied for, approved and all conditions met or the commercial business would have to be removed from the property. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 550479 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 1, 1995 Steven and Leona Mayo 12100 WCR 18 Fort Lupton, CO 80621 Subject : VI -2130 Zoning Violation on a parcel of land described as Lots 1 and 2, Lupton Meadows Subdivision, Weld County Colorado. Dear : Mr. and Mrs. Mayo As of February 28, 1995, the above property remains in violation of the Weld County Zoning Ordinance. I have scheduled a hearing with the Board of County Commissioners on Tuesday, March 14, 1995, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on March 13, 1995, to determine compliance and if the uses on the property are not in compliance at the time of the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing. This hearing will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violation and uses on the property. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Respectfully, Barry rer Build' g Inspection Specialist SERVICE, TEAMWORK, INTEGRITY, QUALITY 950479 INSPECTION REPORT NAME: Steven and Leona Mayo LEGAL DESCRIPTION OF PROPERTY: Lots 1 and 2, Lupton Meadows Subdivision, Weld County, Colorado. DATE: February 27, 1995 CASE NUMBER: VI -2130 The property was reinspected to determine compliance with section 31.2 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still a commercial business (Metro Grease) being operated from the property without the appropriate county land use permits. This is not a use allowed by right in the A (agricultural) zone district. To bring the property into compliance the appropriate land use permit must be applied for, approved and all conditions met or the commercial business would have to be removed from the property. Barry .. a er Buil • ing Inspection Specialist 950479 WELD COUNTY DEPARTMENT OF PLANNING SERVICES' CITIZEN INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 TELEPHONE NAME: ADDRESS: 0 OFFICE FIRST INQUIRY? 0 YES 0 NO DATE: PHONE /1: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL X.1(eith Schuett ❑ Sharon White 92( ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP USR AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS. ❑ HOME OCCUPATION VIOLATION ❑ OTHER ❑ Greg Thompson 0 Gloria Dunn 0 Todd Hodges ❑ Barry Kramer 0 Chuck Cunliffe 0 ITEMS DISCUSSSEfizsga/D: 4C — �O� %(�/i/1 'A'"S5 t fRoae& -64-///f/2/� „ AVAILABLE OPTIONS: Ucc,e , ,/ 'J/X'A Off'/ �i�%vj fC CONCERNS: ACTION TO BE TAKEN: Time spent r Staff Member's Initials,,, 2 950479 WELD COUNTY DEPARTMENT OF PLANNING SERVICES' CITIZEN INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 ❑ TELEPHONE NAME: ADDRESS: 0 OFFICE FIRST INQUIRY? 0 YES 0 NO DATE: /- s -9S PHONE II: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION VIOLATION ❑ OTHER 0 0 Greg Thompson 0 G .. ■ .._es %Barry Kramer ■ Chuck Cunliffe 0 If n 74 iceLx, (LrkAlt.55 fge 2 ` 2.2 -93 ",'!s AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials 950479 Wi�Dc tzfp COLORADO November 15, 1994 Leona Mayo P.O., Box 192 Ft. Lupton, CO, 80621 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: VI - 2130 Property located on Lot 1 and 2 Lupton Meadow Subdivision, Division III, Weld County, Colorado Dear Mrs. Mayo: Thank you for your August 22 letter. Department of Planning staff reviewed your letter, the Weld County Zoning Ordinance, and your property. Planning staff determined that the Commercial uses of your property (Metro Grease, inc.) are more intense than the uses allowed by right in the Agricultural Zone District of Weld County and are not incidental and accessory to the uses allowed by right. To continue the Commercial uses on the property a Use by Special review permit must be applied for, approved, and all conditions met. Should a complete Use by Special Review Permit application not be submitted on or before February 22, 1995, the zoning violation will be scheduled for the next Board of County Commissioners Violation Hearing to request legal action be taken to compel compliance with the Weld County Zoning Ordinance. A copy of the Special Review Permit application procedural guide is included with this letter. Should you have any question about the Special Review Permit application or process, please call me to setup an appointment so that I may review this application and process with you. Please call or write me if you have any questions. Sincerely, A. Schuett Current Planner II Enclosure SERVICE, TEAMWORK, INTEGRITY, QUALITY 950479 Attiffit wID€. COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE Date: August 30, 1994 Violation Number: VI -2130 Name: Steven Craig and Leona Kay Mayo Address: 12100 Weld County Road 18, Ft. Lupton, CO 80621 Legal Description: Lots 1 and 2, Lupton Meadows, Division III, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.2 of the Weld County Zoning Ordinance. A grease storage and recycling business being operated from the property without the proper zoning permits. This is not a use allowed by right in the A (Agricultural) zone district. A Use by Special Review permit would need to be applied for and approved or the business would need to be removed from the property. It is the intention of this office to assist an cooperate w11h you without imposing undue hardships; however, we have no d'scretion in this matter if you fail to correct this violation. You have until September3D 1994, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commi inners to 5onsider whether to refer the violation to the County Attorney's office r legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office. /r-1-(1=-721-1--7 Barry Kramer Building Inspection Technician 950479 METRO /4tease, Inc. GREASE REMOVAL AND RECYCLING August 22, 1994 Mr. Keith A. Schuett Department of Planning Services Weld County, Colorado Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 F4Nrn24 AUG 2 4 19941 " �hr Planninn Re: C-94-129 Property located at Lot 1 and 2, Lupton Meadow, Division III, Weld County, Colorado Dear Mr. Schuett: This is a response to a letter dated July 20, 1994, sent to us by Barry Kramer, Building Inspection Technician, with regard to a potential noncompliance with the zoning ordinances for an A (Agricultural) zone district. We would like to note the following items: 1. Section 31.1 Intent of the A (Agricultural) District: "The A District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture ..." 2. Section 31.2 Uses Allowed by Right in the A District: "31.2.5 TEMPORARY storage, in transit, of crops, vegetables, plants, flowers, and nursery stock not raised on the premises and not for sale on said premises' 3. Section 31.3 Accessory Uses in the A District: "31.3.11 Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Allowed by Right in the A District." Temporary storage of in transit inedible restaurant grease is an activity additional or contributory to an operation of a Use Allowed by Right in the A District since our grease's eventual use is tallow for cattle consumption just as corn or many other crops and P.O. Box 192 • Fort Lupton, CO 80621 • (303) 659-1016 950479 Mr. Keith A. Schuett Department of Planning Services Weld County, Colorado August 22, 1994 Page 2 these activities are related to agriculture. Our grease is not produced or for sale on the premises. In addition, our vehicles must be registered with the Department of Agriculture in order for us to transport such grease within the State. The following is a scenario of exactly what we do on the property: 1) We load clean, empty 55 gallon barrels on a truck which are exchanged for full barrels of grease at Metro Denver area restaurants; 2) the full barrels are then transferred directly from the truck onto a semi -trailer; 3) when the semi- trailer is full (approximately 4 days) it is picked up and another trailer full of empty, clean barrels is dropped off. There is never and will never be more than one semi -trailer left on the premises for any length of time except to exchange the trailers. It is our opinion that this is not and would not be considered an intense operation of activity so as to deteriorate the health, safety, and general welfare of the present and future residents of Weld County. It is our goal to move our operation to a more suitable location as soon as the cash flow is adequate enough for us to rent a space, and we progress to two semi -trailers at a time. Our approximate timing on this goal is six (6) months. If we are not allowed to continue our small business operations on our property, we will be forced to move them due to the fact that we do not have the cash flow it would take to obtain a Uses by Special Review zoning status. Please contact us if you need any further information. Thank you for your time on this matter. Very truly yours, METRO GREASE, INC. tri �u_VYa/ Leona Mayo Secretary/Treasurer 950479 LAW OFFICE of JOHN R. DENT July 28, 1994 Mr. Barry Kramer Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 RE: DEAD ANIMAL RENDERING OPERATION Dear Barry: 616 Denver Avenue P.O. Box 333 Fort Lupton, CO 80621 (303) 857-4667 Metro Denver (303) 659.2028 I did follow up with my client, Colorado Grease Service, regarding the dead animal operation which was in part the subject of a previous complaint filed with you. Apparently, Mr. Mayo is telling people that he has sold that business to a David Blackstone who is operating under the name of Trails End at an agricultural property located at 11400 W.C.R. #14 1/2, Fort Lupton. The phone numbers given for Trails End are 589-9292 which is a mobile phone, and 857-1642 which is the home phone number for David Blackstone. The operation, however, is continuing. My client believes that Mr. Mayo may continue to have some involvement with that operation. Although it is not now based out of Mr. Mayo's property. ohn R. Dent JRD:br cc: Fred Roach 950479 WELD COUNTY DEPARTMENT OF PLANNING SERVICES' CITIZEN INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 Af TELEPHONE 0 OFFICE FIRST INQUIRY?, YES 0 NO DATE: 7-22-9/ NAME: _ ADDRESS: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Greg Thompson AC�Barry Kramer L.Jf'—A-�o—C !� ❑ Gloria Dunn ❑ Chuck Cunliffe Lg PHONE 4: 1C%'moo?_�4Q ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION VIOLATION ❑ OTHER 0 414 IniAA 11'1.4.4xb7 n n.''n n. nn r. in .4-- u 1 t// /:.�I, r!AI:'�..il c) AI iJr'� > v t -t. ;St ❑ Todd Hodges O '2 f for AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: yierl /' /LP.r7', i Time spent `4:2, Staff Member's Initials 950479 COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 July 20, 1994 Steven Craig and Leona Kay Mayo 12100 Weld County Road 18 Fort Lupton, CO 80621 Subject: C-94-129 Property located at Lot 1 and 2, Lupton Meadow, Division III, Weld County, Colorado. Dear Mr. and Mrs. Mayo: It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a grease storage and recycling business and a cattle rendering business operated on the property without the proper zoning permits. These uses of the property are not uses allowed by right in the A (Agricultural) zone district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, LI Barry Kramer Building Inspection Technician 950479 LAW OFFICE of JOHN H. DENT JUNE 28, 1994 Mr. Chuck Cunliff, Director Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: COMPLAINT REGARDING ZONING VIOLATION Dear Mr. Cunliff: 616 Denver Avenue r.o. Box 333 roil Lupton, CO 00621 (303) 0574667 Metro Denver (303) 6592020 In behalf of my client, Colorado Grease Service, who operates a grease recycling business I wish to file a Complaint against Craig Mayo who is operating a business at 12100 W.C.R. #18, Fort Lupton, Colorado. Upon information and belief, my client believes that Mr. Mayo's property is zoned agricultural and that he is operating a recycling business from that property as well as a dead cow operation. In connection with the grease business Mr. Mayo is storing as much as 100 barrels of used restaurant grease on the property which he brings in by truck or trailer and holds until sale. The grease is stored and transported in 55 gallon barrels. Needless to say, particularly in hot weather there is quite an aroma from the grease. Also on information and belief Mr. Mayo is picking up dead cattle which are kept on his property for short periods of time and then transported to presumably a rendering plant. Colorado Grease Service believes that both of these operations are not permitted uses in the agricultural zone under the Weld County Zoning Ordinance. Further, Colorado Grease Service has a very substantial investment in its plant which is fully approved by the City of Fort Lupton. To allow Mr. Mayo to operate a grease service from his facility in violation of the zoning ordinance amounts to unfair competition. For your reference, I enclosed 3 Polaroid photographs taken on June 8, 1994 by a Colorado Grease employee showing the barrels located on Mr. Mayo's property. Your assistance in abating this nuisance and zoning violation will be appreciated. Sinc 4, al ohn R. Dent JRD:br cc: Mr. Fred Roach itJUN 2 8 1994 'SWAP" "'' ^^^9fv Planning 950479 FARC TF': R PARCEL INOUIRY I RY PIN; 5269186 F'AF:C: 130930000001 MAYO STEVEN CRAIG & LEONA KAY 12100 WELD CO RD 18 FORT LUF'TON CO 80621 TAX AREA 0820 .034225 1993 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 3010 LAST ASSESS BLDGS 4250 TOTAL LAST ASSESS 7260 PRIOR YEAR ASSESS 7260 REC DT 01/30/1992 DEED TF GCD JT NUMBER 1324 02276603 WOL N DOC FEE 0.00 ASSMT YR: 1994 AT I I NO2 LAST UPDATE: 02/07/1993 ACTIVE ON: 09/16/1986 INACTIVE ON: / MAP#: 4117 32.50 7'920 4165 90 TOT LAND 3010 4277 4250 16227 L1-2 30 2 66 OF N2 EXC ESA L2 LUF'TON TOT BLDGS 4250 MEADOWS DIV III ALSO EXC PARCEL A--B-C-D-E OF NW4 TOTAL VALUE 7260 F'F3 : PROFILE F'F4: OWNERS MESSAGE: MB' 2 F'F5:LEGALS PF7:NEXT PARCEL F'F6: DOC HIST ST F'F 10:FLOC PF11:MENU F'F1: REAL o -o001 01/016 950479 Hello